Mubaje rivals file appeal against High Court ruling

By Abdul-Wahid Kakande

The dispute over the re-election of the Mufti of Uganda Sheikh Shaban Ramadhan Mubaje is not yet over and it may go up to the Supreme Court, the apex court in the land.

This is because the four Muslims that are challenging his re-election have filed an appeal against the High Court ruling in which the trial judge invoked the religious question doctrine to dismiss their case.

In a memorandum of appeal filed at the Court of Appeal’s registry on September 11, Swaibu Nsimbe, Twayibu Byansi, Musa Kalokora and Musa Kasakya cite four grounds for appealing against the High Court ruling.

Through Baraka Legal Associated Advocates and M/s Sewankambo and Company Advocates, the four argue that justice Bernard Namanya erred in law and fact when he allegedly misapplied the religious question doctrine in determining their case.

The group further contends that justice Namanya also erred in law and fact when he held that the re-election of Mubaje as the Mufti of Uganda was a religious matter that could internally be resolved through the Muslim Arbitration Committee (MAC).

They also fault justice Namanya arguing that he failed to consider all the evidence adduced before him to the effect that the Uganda Muslim Supreme Council’s College of Eminent Sheikhs (Majilis Ulama) never followed the due process in re-electing Mubaje.

They also challenge the judge’s decision that UMSC is not amenable to judicial review, a procedure which the group adopted to file their case.

The group is seeking among others, a declaration that Mubaje was not eligible for re-election for another term after celebrating his 70th birthday as per the UMSC constitution as amended 2022.

They argue that having served for more than 24 years, far beyond the 10 years provided for under the new UMSC constitution, Mubaje was not eligible for re-election as per articles 5 and 29 (12) of the new Muslim constitution.

The group wants the court to issue an order directing the college of eminent sheikhs to commence the process of electing and vetting a new Mufti to replace him.

Justice Namanya dismissed the case on July 1 this year.  Invoking the religious question doctrine, justice Namanya ruled that courts are not competent to inquire into and resolve religious disputes concerning the election of religious leaders including the Mufti.

Consequently, the judge referred the parties to the Muslim arbitration committee, which he said is best suited to handle the dispute.

The 70-year-old Mubaje has been at the helm of UMSC since December 2000 and the appellants argue that he does not qualify for another term of five years, having exceeded the 10 years provided for under the new Muslim constitution.

What next

After filing a memorandum of appeal, the group is required to serve the court papers on UMSC and Mubaje within 21 days as failure to do so will render the appeal incompetent.

After being served, UMSC and Mubaje, the respondents in the case have to file a response before the appeal is fixed for hearing on a day that will be chosen by the parties in a meeting that will be presided over by the court’s deputy registrar.